A tenant is required to pay rent to his or her landlord. When a tenant fails to do so, the landlord may serve a three-day notice to pay or quit (move out). If the tenant does not pay, the landlord may begin the eviction process or take an unlawful detainer action. However, the nonpayment of rent does not necessarily lead to an automatic eviction. There may be good reasons for not paying rent. In addition, the law provides that relief from forfeiting the lease may be granted in certain circumstances.
At the Law Offices of James Coy Driscoll, our San Francisco lawyer handles nonpayment of rent cases and fights to prevent evictions. Contact us online or call (415) 523-5591 to discuss your situation. We may be able to help keep you in your home.
Responding To A Three-Day Notice
In order to begin an eviction proceeding, a landlord must provide a three-day written notice to the tenant demanding the payment of rent. The three days are calculated by counting calendar days, not business days, and begin with the day after the notice is served.
The last day to act under the notice must be a business day. For example, a three-day notice served on a Friday would have to be acted upon by the following Monday, unless that Monday was a legal holiday, in which case the notice would have to be acted on by Tuesday. Once the three days are up, the landlord must still go to court and win before he or she can evict a tenant.
How You Can Fight Eviction
In many cases there are legitimate reasons why rent may not be paid. For example, if a rental unit is not up to building and housing codes, the tenant may not be liable for the full amount of the rent. Indeed, if conditions were substandard, there may have been what the law calls a "constructive eviction" that justifies nonpayment of rent.
It may also be possible to achieve a relief from forfeiture. This enables the tenant to stay in the property provided he or she can prove that an eviction would cause undue hardship and that rent will be paid and lease conditions honored going forward.
Using The Law On Your Behalf
We believe that the law can be a powerful tool for protecting the rights and homes of renters. Attorney Driscoll has succeeded in preventing eviction in numerous cases involving the nonpayment of rent, building code violations, building conversion cases and other tenant lease matters.
We have been fighting to protect the homes of clients and to force landlords to comply with rent control and building code laws in San Francisco, Oakland, Berkeley and elsewhere in the Bay Area since 1991. We are prepared to put our experience to work for you.
Do Not Delay Seeking Legal Help
The sooner we begin working on your case, the easier it will be to protect your rights and your home. As soon as you receive a three-day notice to quit, or a 30- or 60-day notice of termination of tenancy, speak with us. This helps give us the time we need to investigate your situation and to develop a basis for challenging your landlord's actions.
If You Have Received An Eviction Notice, Contact Us
Many of our clients have worked hard all of their lives to maintain a standard of living in our expensive city and many are on fixed incomes. To avoid being evicted and losing what you have worked for, contact us online or call (415) 523-5591 for a free initial phone consultation. We can help you fight for your rights and your home.